Government Of Canada Publishes A Companion Document To The Artificial Intelligence And Data Act Government Of Canada Publishes A Companion Document To The Artificial Intelligence And Data Act

Information Technology
March 21, 2023March 21, 20232023-03-22
On March 13, 2023, Innovation, Science and Economic Development Canada (ISED) published a companion document to the Artificial Intelligence and Data Act (AIDA). The Government of Canada introduced the AIDA in June 2022 as part of Bill C-27, the Digital Charter Implementation Act, 2022, as previously reported by the E-TIPS® Newsletter here. The companion document provides an overview of Canada’s artificial intelligence (AI) landscape and further details how the AIDA would work in practice.
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-publishes-a-companion-document-to-artificial-intelligence-and-data

Federal Court Of Canada Awards Damages Related To Online Sales Of Counterfeit Louis Vuitton Goods Federal Court Of Canada Awards Damages Related To Online Sales Of Counterfeit Louis Vuitton Goods

Trademark and Copyright Litigation
March 21, 2023March 21, 20232023-03-22
On March 1, 2023, the Federal Court of Canada (the Court) issued its decision in Louis Vuitton Malletier v Sheine Reyes Rosales, 2023 FC 217, in which it granted Louis Vuitton Malletier’s and Louis Vuitton Canada, Inc.’s (collectively, Louis Vuitton’s) motion for default judgment, finding that Sheine Reyes Rosales (the Defendant) engaged in activity that infringed the Louis Vuitton’s trademarks, namely, selling counterfeit products bearing the registered Louis Vuitton trademarks (the Marks), which continued despite two cease and desist letters.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-awards-damages-related-to-online-sales-of-counterfeit-louis

US Food And Drug Administration Releases Discussion Paper On The Application Of Artificial Intelligence In Drug Manufacturing US Food And Drug Administration Releases Discussion Paper On The Application Of Artificial Intelligence I...

Information Technology
March 21, 2023March 21, 20232023-03-24
On March 1, 2023, the United States Food and Drug Administration’s Center for Drug Evaluations and Research (CDER) released a discussion paper on the application of artificial intelligence (AI) in drug manufacturing (the Paper). The Paper identifies areas of consideration for public input and CDER welcomes feedback from stakeholders to assist in the evaluation and development of policy in the space.
Deeth Williams Wall https://www.dww.com/articles/us-food-and-drug-administration-releases-discussion-paper-on-application-of-artificial

Federal Court Of Canada Holds That Defendant May Counterclaim Against A Non-Asserted Patent Claim In A PM(NOC) Proceeding Federal Court Of Canada Holds That Defendant May Counterclaim Against A Non-Asserted Patent Claim In A PM...

Pharmaceutical Patent Litigation
March 8, 2023March 8, 20232023-03-08
On February 17, 2023, the Federal Court of Canada (the Court) issued its decision in Boehringer Ingelheim (Canada) Ltd. et al. v Sandoz Canada Inc., 2023 FC 241, in which it held that defendants may counterclaim as of right against non-asserted patent claims in actions commenced under section 6(1) of the Patented Medicines (Notice of Compliance) Regulations (the Regulations).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-holds-defendant-may-counterclaim-against-a-nonasserted-patent

Office of the Privacy Commissioner Submits Brief Outlining Privacy Principles For Government Institutions Acting In An Emergency Office of the Privacy Commissioner Submits Brief Outlining Privacy Principles For Government Institutions...

Privacy
March 8, 2023March 8, 20232023-03-08
On January 30, 2023, the Office of the Privacy Commissioner of Canada (OPC) announced that it had provided the Joint Chairs of the Special Joint Committee on the Declaration of Emergency with a brief (the Brief), which outlines the key principles for government institutions to follow during an emergency to ensure that privacy rights are respected.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-submits-brief-outlining-privacy-principles-for-government

Alberta Court of Appeal Dismisses Appeal For Class Action Certification Related To Uber Data Breach Alberta Court of Appeal Dismisses Appeal For Class Action Certification Related To Uber Data Breach

Privacy
March 8, 2023March 8, 20232023-03-08
On February 7, 2023, the Alberta Court of Appeal (the Court) issued its decision in Setoguchi v Uber BV, 2023 ABCA 45, upholding the lower court’s dismissal of a class certification motion for a data breach that impacted personal information collected by Uber.
Deeth Williams Wall https://www.dww.com/articles/alberta-court-of-appeal-dismisses-appeal-for-class-action-certification-related-to-uber

UK Court of Appeal Finds Serious Issue to be Tried in Novel Case Regarding Fiduciary Duties of Bitcoin Developers UK Court of Appeal Finds Serious Issue to be Tried in Novel Case Regarding Fiduciary Duties of Bitcoin De...

Information Technology
March 8, 2023March 8, 20232023-03-08
On February 3, 2023, the England and Wales Court of Appeal (the Court) released its decision in Tulip Trading Limited (A Seychelles Company) v Bitcoin Association For BSV & Ors [2023] EWCA Civ 83, finding a serious issue to be tried on the question of whether bitcoin developers may owe fiduciary duties or duties in tort to cryptocurrency owners.
Deeth Williams Wall https://www.dww.com/articles/uk-court-of-appeal-finds-serious-issue-to-be-tried-novel-case-regarding-fiduciary-duties

US Jury Finds “MetaBirkin” NFTs Infringed Hermès’ Trademark Rights In First NFT Trademark Dispute US Jury Finds “MetaBirkin” NFTs Infringed Hermès’ Trademark Rights In First NFT Trademark Dispute

Trademark and Copyright Litigation
February 22, 2023February 22, 20232023-02-22
On February 8, 2023, in Hermès International, et al. v Rothschild, S.D.N.Y., No. 1:22-cv-00384, a nine-person jury in the US District Court for the Southern District of New York found Mason Rothschild liable to Hermès International and Hermès of Paris, Inc. (collectively, Hermès) for trademark infringement, trademark dilution, and cybersquatting, awarding $133,000 in total damages. This constitutes the first decision considering the nexus of intellectual property law and non-fungible tokens (NFTs).
Deeth Williams Wall https://www.dww.com/articles/us-jury-finds-%E2%80%9Cmetabirkin%E2%80%9D-nfts-infringed-herm%C3%A8s%E2%80%99-trademark-rights-first-nft-trademark

Federal Court Of Canada Expunges Chinese Character Trademarks On The Basis Of Confusion With Prior Registrations And Bad Faith Federal Court Of Canada Expunges Chinese Character Trademarks On The Basis Of Confusion With Prior Regist...

Trademark and Copyright Litigation
February 22, 2023February 22, 20232023-02-22
On February 8, 2023, the Federal Court of Canada (the Court) issued its decision in Cheung’s Bakery Products Ltd. v Easywin Ltd., 2023 FC 190, in which it expunged two Chinese character trademark registrations owned by Easywin Ltd. (Easywin) on the basis of confusion with prior trademark registrations and bad faith.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-expunges-chinese-character-trademarks-on-basis-of-confusion-prior

Ontario Government To Eliminate Fax Machines Within The Next Five Years To Promote Patient Privacy And Access To Health Care Ontario Government To Eliminate Fax Machines Within The Next Five Years To Promote Patient Privacy And Ac...

Privacy
February 22, 2023February 22, 20232023-02-22
On February 2, 2023, Ontario’s Ministry of Health (the Ministry) released its new health care plan, entitled Your Health: A Plan for Connected and Convenient Care (the Plan). As part of the Plan, the Ministry intends to replace fax machines with digital communication alternatives at all Ontario health care providers within the next five years.
Deeth Williams Wall https://www.dww.com/articles/ontario-government-to-eliminate-fax-machines-within-next-five-years-to-promote-patient

Federal Court Of Canada Partially Grants Appeal In Non-Use Cancellation Proceeding Concerning Horse Tack Federal Court Of Canada Partially Grants Appeal In Non-Use Cancellation Proceeding Concerning Horse Tack

Trademark and Copyright Litigation
February 22, 2023February 22, 20232023-02-22
On February 7, 2023, the Federal Court of Canada (the Court) issued its decision in Master Saddles Inc v Moffat & Co, 2023 FC 179, in which it partially granted Master Saddles Inc.’s (Masters Saddles) appeal of a section 45 decision of the Trademarks Opposition Board (the Board).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-partially-grants-appeal-nonuse-cancellation-proceeding-concerning

Office of the Privacy Commissioner of Canada Releases Results of Investigation into Home Depot Sharing Customer Data without Consent Office of the Privacy Commissioner of Canada Releases Results of Investigation into Home Depot Sharing Cu...

Privacy
February 8, 2023February 8, 20232023-02-08
On January 26, 2023, the Office of the Privacy Commissioner of Canada (OPC) announced the results of its recent investigation into Home Depot of Canada Inc. (Home Depot), finding that Home Depot forwarded customer information to Meta without customers’ knowledge or consent.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-releases-results-of-investigation-into-home-depot

Federal Court Of Canada Overturns Trademark Opposition Board’s Expungement Of NAVIGATOR Trademark Federal Court Of Canada Overturns Trademark Opposition Board’s Expungement Of NAVIGATOR Trademark

Trademark and Copyright Litigation
February 8, 2023February 8, 20232023-02-08
On January 23, 2023, the Federal Court of Canada (the Court) issued its decision in Ecolab USA Inc v Smart & Biggar, 2023 FC 101, granting Ecolab USA Inc.’s (the Applicant’s) appeal and overturning the Trademarks Opposition Board’s (the Board’s) decision to expunge the trademark NAVIGATOR (the Mark).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-overturns-trademark-opposition-board%E2%80%99s-expungement-of-navigator

Government Of Canada Launches National Quantum Strategy To Create Jobs And Advance Quantum Technologies Government Of Canada Launches National Quantum Strategy To Create Jobs And Advance Quantum Technologies

Information Technology
February 8, 2023February 8, 20232023-02-08
On January 13, 2023, the Government of Canada announced the launch of Canada’s National Quantum Strategy (NQS). The NQS aims to further strengthen Canada’s existing global leadership in quantum research and grow the country’s quantum technologies, companies, and talent.
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-launches-national-quantum-strategy-to-create-jobs-and-advance-quantum

Federal Court Of Appeal Of Canada Dismisses Puma’s Appeal Relating To Procat Trademark Federal Court Of Appeal Of Canada Dismisses Puma’s Appeal Relating To Procat Trademark

Trademark and Copyright Litigation
February 8, 2023February 8, 20232023-02-08
On January 10, 2023, the Federal Court of Appeal of Canada (FCA) issued its decision in Puma SE v Caterpillar Inc., 2023 FCA 4, in which it affirmed the decision of the Federal Court (FC) allowing an appeal from a decision of the Trademarks Opposition Board (the Board), and refusing an application by Puma SE (Puma) to register “procat”.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-dismisses-puma%E2%80%99s-appeal-relating-to-procat-trademark

It’s Groundhog Day—Every Day: Examination Of Trademark Applications In Canada – Update It’s Groundhog Day—Every Day: Examination Of Trademark Applications In Canada – Update

Trademarks
January 25, 2023January 25, 20232023-01-25
In the movie Groundhog Day, a news reporter who is sent to cover the appearance of a famous groundhog which legend says forecasts whether there will be an early Spring depending on whether or not it sees its shadow on February 2, experiences the same day, Groundhog Day, over and over again. The examination of trademark applications in Canada is a bit like the movie, it seems.
Deeth Williams Wall https://www.dww.com/articles/it%E2%80%99s-groundhog-day%E2%80%94every-day-examination-of-trademark-applications-canada-%E2%80%93-update

Federal Court Of Canada Dismisses Janssen’s Application To Reassess The Data Protection Eligibility Of Its Nasal Spray Product Federal Court Of Canada Dismisses Janssen’s Application To Reassess The Data Protection Eligibility Of It...

Pharmaceutical Patent Litigation
January 25, 2023January 25, 20232023-01-25
On January 5, 2023, the Federal Court of Canada (the Court) in Janssen Inc. v Canada ( Attorney General, 2023 FC 7 found that the Office of Submissions and Intellectual Property (the OSIP) reasonably interpreted Janssen Inc.’s (Janssen) request to reassess the data protection eligibility of Janssen’s nasal spray drug and did not read into the Food and Drug Regulations (the Regulations) a pre-Notice of Compliance (NOC) timing requirement for assessing data protection eligibility.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-janssen%E2%80%99s-application-to-reassess-data-protection

Federal Court Of Canada Dismisses Appeals Concerning Use Of Retailer’s Trademark On Goods Manufactured By Third Party Federal Court Of Canada Dismisses Appeals Concerning Use Of Retailer’s Trademark On Goods Manufactured By...

Trademark and Copyright Litigation
January 25, 2023January 25, 20232023-01-25
On January 4, 2023, the Federal Court of Canada (the Court) issued its decision in GNR Travel Centre Ltd v CWI, Inc, 2023 FC 2, dismissing two appeals in consolidated proceedings and affirming the Trademarks Opposition Board’s (the Board) decision. The Court confirmed that a retailer’s trademark permanently affixed to goods manufactured by a third party constitutes “use” of the retailer’s trademark on the goods within the meaning of the Trademarks Act (the Act).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-appeals-concerning-use-of-retailer%E2%80%99s-trademark-on-goods

Sports Betting Company BetMGM Suffers Data Breach, Affecting Ontarians Sports Betting Company BetMGM Suffers Data Breach, Affecting Ontarians

Privacy
January 25, 2023January 25, 20232023-01-25
On December 21, 2022, BetMGM, a sports betting company, announced that its customers’ personal information had been obtained in an unauthorized manner. In its “Notice Regarding Patron Personal Information”, BetMGM revealed that it learned of the data breach on November 28, 2022 and believes that the breach occurred in May 2022.
Deeth Williams Wall https://www.dww.com/articles/sports-betting-company-betmgm-suffers-data-breach-affecting-ontarians

E-TIPS® Newsletter’s “2022: Year In Review” E-TIPS® Newsletter’s “2022: Year In Review”

Intellectual Property
January 6, 2023January 6, 20232023-01-10
Thank you for your readership over the last year and welcome to what we hope will be an exciting 2023!  In this year’s first issue of the E-TIPS® Newsletter, we will recap our most noteworthy reports from 2022, covering developments in intellectual property (IP) and information technology (IT) law under the following categories: (1) “Supreme Court of Canada Matters”, (2) “Legislative, Treaty and Policy Developments”, (3) “Patents and Industrial Designs”, (4) “Trademarks”, (5) “Copyright”, (6) “Privacy and Cybersecurity”, and (7) “Legal Developments in Emerging Technology Around the World”.
Deeth Williams Wall https://www.dww.com/articles/etips%C2%AE-newsletter%E2%80%99s-%E2%80%9C2022-year-review%E2%80%9D

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.